Motion for mistrial in Richmond Hill trial denied
SOUTH BEND, Ind. (WISH) – In week three of testimony for the first Richmond Hill explosion trial, prosecutors have started the process of taking jurors through the entire investigation at the explosion site on Fieldfare Way.
Mark Leonard is accused, along with others, of plotting to fill his girlfriend’s home with gas in November of 2012, and spark an explosion with the microwave in the home to collect insurance money.
The explosion killed Dion and Jennifer Longworth. Monday would have been victim Dion Longworth’s 37th birthday, his dad said.
Jurors in South Bend heard from Lisa Liebig, who worked as a crime scene specialist with the Marion County Crime Lab in 2012. Liebig photographed and processed many of the evidence found at the scene in Richmond Hill.
Prosecutors showed jurors each piece of evidence, either through photographs or by bringing in the evidence itself, or both.
Liebig showed jurors hundreds of exhibits Monday.
At one point, investigators wore gloves to pull the charred pieces of the microwave found at the scene, and placed it onto a tarp that was laid on the floor in front of the jury.
Jurors leaned forward to see it.
Prosecutors will work to prove it was a microwave and a cylinder that sparked the explosion.
Prosecuting attorney Mark Hollingsworth asked Liebig if they were to show her every single piece of evidence from the explosion site, what would it fill?
Liebig answered, “We would run out of floor space.”
Hollingsworth specified, saying, “the evidence is so voluminous…where does it have to be stored?”
Liebig explained it needs to be stored in two storage pods, or small trailers.
Jurors are getting big giant binders that will hold pictures of all the evidence they will see.
Liebig said at the time of the explosion, she lived in the Irvington area, and heard the explosion herself.
She said she went to the scene on the Tuesday following the explosion, and she initially was asked to take a look at two items: an exterior house door, and a glass storm door, or pieces of it.
Prosecutors asked her about the security to the crime scene, which she explained the three most damaged houses were surrounded by chain link fence, and investigators kept a careful log of who was going in and out.
“That was probably one of the most secure crime scenes I think I’ve ever worked,” Liebig said.
Liebig said her role from there expanded, helping to collect hundreds of items of evidence from the scene.
She explained that since it was such a big crime scene, they initially kept evidence stored and locked securely at the scene in trailers.
Liebig showed jurors pictures of the white front door she found from 8349 Fieldfare Way, where the explosion occurred.
She said the door was warped, and was found directly across the street from the explosion.
She also showed them the maroon frame of the storm glass door, with the glass mostly shattered out.
She was called to process those pieces of evidence for prints and DNA.
Prosecutors also explained each process to the jury, explaining to them multiple times, that this evidence-gathering process is not like the crime shows on TV.
The other evidence they found includes furnaces, refrigerators, and water heaters.
Jurors also saw cards gathered at the scene with the name “Mark Leonard” on them.
They saw the water heater and pieces of the fireplace from 8349 Fieldfare Way that were collected from the north side of the home.
Then they saw parts of the clothes dryer collected from a home next door.
Other items included a circuit breaker control box, air conditioner, dishwasher, computer printer, an HP all-in-one computer, and a tablet.
Mark Hollingsworth asked Liebig, while conducting her investigation “Did you find or see or collect a single television set?”
She answered, “I did not recall seeing any television sets.”
Prosecutors also showed jurors pictures of what was identified as the burner from the fireplace at Monserrate Shirley’s home.
Then, they carried over a large item, carefully packaged up as evidence. They said that also was the burner that had been in the photographs.
Then, jurors saw a gas pipe and the actual gas manifold that was recovered from the scene.
They also saw a thermostat recovered from the scene.
A gas fireplace burner from another home besides Monserrate Shirley was also recovered, for comparison.
Liebig carefully went through the pieces of evidence they took from scene, including items as small as incense stick, a metal panel of a crock pot, a green circuit board, charred metal attached to what would have been a battery.
She showed jurors an oven heating element that was photographed, the range heating element on the top of an oven, and the part of a waffle iron.
She said those items were found in the backyard of the Longworth’s home at 8355 Fieldfare Way.
That was next door to the explosion at Monserrate Shirley’s home at 8349 Fieldfare Way.
As each item of evidence is introduced to the court, it’s shown to the defense attorneys, then pictures are given to jurors for their binders, and the crime scene specialist identifies the actual evidence that’s packaged up, then the pictures of the evidence.
Other pieces of evidence pointed out – a charred battery, a membership card, the bottom of a crockpot, the internal workings of a toaster, a white bread maker, metal pieces from a clothes iron, and a George Foreman grill.
Also found and processed at the scene were small circuit boards, smoke detector, and another crock pot.
Also found at the scene were a bag of fire kindling, a metal can, a charred microwave, a clump of wiring, and what was a stereo system.
Motion for mistrial denied
Before jurors came out, the defense filed multiple motions which the court went over for nearly an hour.
In one of them, defense attorneys again filed a motion for mistrial. This time, they asked the judge to exclude two videos: one that the prosecution used to demonstrate flammability of gas, and the other which showed a difference in sound when a regulator is not on the gas system of a home.
Defense attorneys said the videos were portrayed in the wrong way, saying they appear to have been created simply for this trial, and claiming it was misconduct.
Prosecutors said this training has been used many times by Citizens Energy for others to demonstrate the flammability of natural gas. They said this training was not created for this trial.
Judge John Marnocha said the motion for mistrial was denied. He said he agreed that this was simply a demonstration as to what happens under those circumstances, adding, “Neither of those things say anything about Mr. Leonard’s guilt in this case.”